Spousal Elective Share Requirements in Iowa

At a glance

Requirements one by one

Four property components

Iowa Code § 633.238 does not use one percentage against one estate base. It combines four components:

• one-third in value of qualifying real property the decedent possessed at any time during the marriage;
• all execution-exempt personal property held by the decedent as head of a family at death;
• one-third of other personal property not needed for debts and charges; and
• one-third of qualifying revocable-trust property not needed for debts and charges.

The trust component reaches property where the decedent retained amendment or revocation power at death or waived or rescinded that power within one year. It is not a general augmented-estate list for every nonprobate transfer.

Notice-triggered deadline and finality

Section 633.237 gives the personal representative and a revocable-trust trustee separate notice duties. Each notice starts a four-month period. The estate election is filed with the clerk; § 633.243 also requires service on the revocable-trust trustee.

If no timely election is filed, the spouse is conclusively presumed to take under the will, receive the intestate share, or take under the trust. The court may extend time only on an application filed before the period expires.

Iowa does not provide ordinary free withdrawal. Under § 633.246, an election is binding and changes only for grounds that would justify equitable rescission of a deed. An affirmative choice to take under the will, intestacy, or trust is irrevocable when filed.

Homestead option and setting off the share

The real-property share normally includes the homestead. The spouse may instead elect a life estate in the homestead in place of the § 633.238(1)(a) realty share while retaining the personal-property and trust components. That choice uses the same four-month clock and advance extension application.

Interested parties may agree how to set off the share. Without agreement, the court may appoint referees and later confirm or reject their report. Indivisible property may be sold and the spouse paid from proceeds. A confirmed share is a judgment lien against the asset possessor and supports an action for possession.

Representative action and waiver

The right is personal and ends at the spouse's death. A court may authorize or direct a conservator to elect. If an incapable spouse has no conservator, an affidavit triggers a hearing, court-directed notice, and appointment of a lawyer as guardian ad litem.

Waiver rules depend on the property. Realty may be removed by express written relinquishment. The special trust-transfer waiver must use substantially the statutory language in bold type of at least ten points and be signed, dated, and notarized for each covered transfer other than tangible personal property.

Iowa Code §§ 596.4–596.9 separately govern modern premarital agreements: both prospective spouses sign a writing, and enforcement is subject to voluntariness, unconscionability, disclosure, and knowledge rules.

What trips people up

• The realty lookback covers the marriage. It is not limited to land titled in the decedent at death.
• The estate and trust notices are separate. A revocable-trust trustee has an independent notice role.
• The homestead life estate replaces the realty component. It does not replace the personal and trust components.
• Trust waivers are transfer-specific. A generic deed waiver does not automatically relinquish the separate trust-value right described in § 633.238(1)(d).

Common questions

Does marriage length change the fraction? No. The statute states no duration schedule.

Can the spouse keep will or intestate property too? No. Section 633.238(3) makes the elective share a replacement for property under the will, intestacy, or the revocable trust.

Can the deadline be extended after it expires? Section 633.237 requires the extension application before expiration.

Can declining to elect affect public benefits? Yes. Section 633.246A says failure to elect can be treated as an asset transfer for medical-assistance eligibility to the extent the election would have produced greater value, unless a premarital agreement precludes the election.

Statutes and sources

• Iowa Code §§ 633.236 to 633.238 — right holder, notices, deadline, extension, property components, trust waiver, and replacement effect. Official Iowa Code Chapter 633 (accessed 2026-08-02).
• Iowa Code §§ 633.239 to 633.246A — homestead choices, personal nature, filing, incapable-spouse procedure, finality, and medical-assistance effect. Official Chapter 633 (accessed 2026-08-02).
• Iowa Code §§ 633.247 to 633.252 and 633.254 — consent/referee process, confirmation, possession, judgment lien, and sale. Official Chapter 633 (accessed 2026-08-02).
• Iowa Code §§ 596.4 to 596.9 — premarital-agreement form, content, and enforceability. Official Iowa Code Chapter 596 (accessed 2026-08-02).